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SUMMIT CRIMINAL DEFENSE BLOG

Catch a Fire – Arson and Resistance to Gentrification in Oakland (CA Penal Code 451 & 452)

Rabin Nabizadeh
July 7, 2017

On July 7, 2017, a fire tore through the Alta-Waverly building, a seven-story, mixed-use building under construction in downtown Oakland. The heat from the fire was so intense, it was picked up on local weather radar and there was significant concern that an industrial crane, which was being used during the construction, might collapse onto […]

Santa Clara County’s Collateral Consequences Policy and Avoiding Dual Prosecution (CA Penal Code 242)

Rabin Nabizadeh
June 14, 2017

Last month’s issue of The National Review featured an article by Pete Hutchison, lambasting Santa Clara County District Attorney Jeffrey Rosen’s “Collateral Consequences” memo and practice[1]. Hutchison seems to attribute all of the woes of most victims to Rosen’s directive to his office to consider the collateral immigration consequences for cases prosecuted by his office […]

San Mateo Embezzlement – Privatizing Criminal Prosecution to Circumvent the Constitution (CA Penal Code 503)

Rabin Nabizadeh
June 13, 2017

First District Court of Appeals Judge Martin J. Jenkins. In a decision that rocks the foundation of the U.S Constitution and will likely have far reaching consequences, the First District Court of Appeals ruled that a private law firm’s investigation and cooperation with the District Attorney does not make the materials used in that investigation […]

Criminal Prosecution as Smoke Screen (CA Penal Code 192(b))

Rabin Nabizadeh
June 7, 2017

Criminal Prosecution as Smoke Screen On December 2, 2016, a fire broke out in a converted warehouse in Oakland during a music and art show hosted by the managers of an art collective based inside the building. Of the more than 50 people attending the event, 36 were unable to escape the flames and perished […]

Voisine v. U.S.: Closing the Loophole (18 U.S.C. § 922(g)(9))

Rabin Nabizadeh
May 26, 2017

Voisine v. U.S.: Closing the Loophole The United States Supreme court, in its decision in Voisine et al. v. United States, clarifies and narrows the application of a section of federal law that was codified more than twenty years ago. In its decision, the Court unequivocally states that the primary aim of the majority decision […]

ICE Arrests at Courthouses

Rabin Nabizadeh
May 11, 2017

ICE has been making immigration arrests in the hallways of state courthouses recently.  ICE had previously discontinued this tactic after getting bad press about arresting women applying for restraining orders, people paying traffic tickets, and even immigrants trying to get married in Kern County. The practice has resumed, at least in Los Angeles and other parts of the country. […]

New Bay Area scam targeting chat room users with threats of Criminal Prosecution for Child Pornography (CA Penal Code 311)

Rabin Nabizadeh
March 30, 2017

Since January 2017, Summit Defense Criminal Attorneys has received numerous calls from terrified individuals who describe essentially an identical fact pattern: After a brief encounter with an another individual in a chat room and an unsolicited sexual photograph, they receive a call from an irate father who claims either an accident or medical treatment for […]

Bay Area Crime Penalties – disproportionate and UNJUST

Rabin Nabizadeh
March 21, 2017

About ten years ago, I handled a criminal matter in San Jose Superior Court.  It was slightly unusual because it was handled by the Attorney General’s office but otherwise, it was a routine arrested for embezzlement case (CA Penal Code 503).  I had managed to convince the prosecutor to meet me for a cup of coffee […]

Santa Clara District Attorney no longer providing criminal pre file case status!

Rabin Nabizadeh
March 21, 2017

When you are arrested for a DUI in Santa Clara (CA Vehicle Code 23152), you can comfortably assume that the date listed on your citation will be the actual court date.  Criminal attorneys don’t make a habit of checking ahead of time whether the district attorney will file charges or not. This is not true in […]

DOMESTIC VIOLENCE IN THE BAY AREA – ROLE OF COMPLAINING WITNESS

Rabin Nabizadeh
February 18, 2017

Arrested for Domestic Violence in the Bay Area? One of the most common questions Domestic Violence arrests provoke is what is the role of the complaining witness in deciding to or influencing charging and prosecution. DOES VICTIM HAVE TO TESTIFY? It is well known that a victim of domestic violence does not choose whether charges […]